Teachers sue over having to lease laptops from Education Department

Jewel Topsfield and Benjamin Preiss

The union is suing the department, claiming the deductions from teachers’ salaries for the laptops are not lawful.

The Victorian Education department could be forced to repay millions of dollars to teachers who leased laptops under a controversial program.

The Australian Education Union is suing the department in the Federal Court for "loss and damages".

It claims it is "unreasonable" for teachers to have to lease the computers when they are needed to perform their duties.

The union also says the fortnightly deductions of up to $17 from teachers salaries are not authorised under the Fair Work Act or the teachers’ enterprise agreement or under a law.

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It wants the department to repay all the deductions made – plus interest – since July 2009

However, the Education Department denies the deductions are unauthorised or that laptops are needed by Victorian teachers to perform their duties.

It says teachers are able to use other computers at schools, including administration computers, staff computers and student computers.

The department also says teachers are entitled to “devote unlimited time to personal use of the notebook” outside work hours.

As of April last year, more than 85 per cent of state school teachers leased a laptop from the department.

The rates are up to $5 a fortnight for a Lenovo model, up to $11.50 for an Apple MacBook, and up to $17 for a MacBook Pro.

Richard Niall QC, for the union, told the court "many millions of dollars" had been deducted from teachers' salaries.

The court heard the laptops were essential tools used for many tasks, including class plans, administration and assessment.

However, Rachel Doyle SC, for the Education Department, said the laptops had provided "flexibility benefits" to teachers. She said the department had provided the computers at a "modest cost", which was less than buying or leasing them externally.

The department says it has “always been the case” that not all teachers have leased a laptop.

It says the deductions are authorised under the Education and Training Reform Act, and the Victorian Government Schools Agreement 2008 expressly permits employees to enter into salary packaging arrangements.

The case, before Justice Mordecai Bromberg, is expected to take two weeks.

Kingsville Primary teacher Mick Weir said it was "rubbish" to suggest teachers did not need laptops to perform their duties.

Mr Weir leases a MacBook at a cost of $15 a fortnight.

"It doesn't seem to make sense to pay for a tool you are required to use," he said.

"There is no way to write a school report if you don't have a laptop.

"Everything we do from communication with the hierarchy of the school and the department, communicating with members of your own team, sending planning documents around – everything is sitting on that laptop. I don't know what I'd do without it."

81 comments so far

I have to buy my 'tools of the trade', I then claim it back on tax. What's the difference here? They still need to buy their tools for their trade, and it seems that that leasing option was a pretty good deal. Another case of government employees wanting something for nothing, again,...

Commenter

Problem?

Date and time

July 21, 2014, 11:08AM

The obvious answer is that they are not "tradies". They work for salaries negotiated under an EBA.Most teachers I know already owned computers/laptops (their tools?), but were strictly forbidden from using them at work because of fears that the underfunded and archaic school network would either be exposed to virus threats or simply wouldn't cope.

It seems to me that the "problem" here is that you are simplistically looking for ways to criticize a profession that does a great job. What is also different is that government employees act collectively because they can't negotiate individually with their employer.

Commenter

Alan T

Date and time

July 21, 2014, 12:21PM

all teachers do is complain when they have the best working conditions in the country. Is this expense then claimed as a tax deduction? after all it would be a tool of the trade in every other industry.

Commenter

taxpayer

Location

sunshine

Date and time

July 21, 2014, 12:22PM

And here I was thinking that Kevin & Julia had given everyone in the education game a taxpayer funded computer, 'a computer for every child' blah, blah, blah....If not, what did they do with all the millions that they spent on their Education Revolution?

I agree with the comment above. In many other jobs, people are required to buy their own tools, uniforms, transport. But of course, when it comes to the teachers union - they're special. I suggest we give them a few less days off to pay for this lawsuit and for their computers.

Commenter

craig

Date and time

July 21, 2014, 12:26PM

Firstly the way the lease works means that they are ineligible to be claimed as a tax deduction. Secondly teachers are on a salary and work in a professional environment. It's like saying that receptionists should bring their own phone or bakers should bring their own oven. Don't you think the employer should actually provide the resources necessary for teachers to help students?

Commenter

djc

Date and time

July 21, 2014, 12:27PM

Problem, if a teacher on a contract, or even ongoing, ends up with their job not being there for the following term or year, they don't get to keep the computer. It is not the same as leasing stuff from Hardly Normal.The computers are generally stocked with educational/department approved software. To use it for personal stuff as well would be silly, because when your contract finishes, you don't get to take the computer to the next one, unless it is at the same school; so you have the burden of removing your personal stuff off the computer.My first education department computer was the one my predecessor had used. I know it because I collected it from him, with the sanction of him and the assistant principal, during the school holidays. It cost me $4 a fortnight and was two years old.At home I had (as I still do), my own laptop and a desktop computer. These were for my personal stuff, not the school one.Oh, and the school one blocked social media sites - you tube, facebook, twitter, etc. Not all schools did, or do this, but where I worked did.

Commenter

teacher, mother of teacher

Date and time

July 21, 2014, 12:35PM

Hmm, Its a wee put different. Speaking as an IT professional, with a wife who is a teacher. I too have to purchase the tools for my trade. The difference here is the laptop they are given is then locked down to only have the applications that the department decides it wants to put on there. Staff (certainly in her school) are NOT given any access to put their own applications on the tool of the trade. So being able to use it for as much time as she wants is not exactly a huge draw card if all you can do on it is write reports for example. And it does become a requirement for the job, when they have to write reports using an online computerized system, planning has to be done this way as well. Then it becomes a bit of a requirement. My wife also has a school supplied Ipad , that is also equally useless, as the school policy is that all the Ipads are imaged to one school itunes account. That no staff or students can load any apps onto their Ipad. So it's not as if she can take that home and use it for much productive stuff. All it basically means is she can get here email 24/7And ass @Ophelia says, the schools don't allow you to BYOD and plug it into their network. Se even if she did purchase her own tool of the trade, she wouldn't actually be able to use it at work

Commenter

dereck the seal

Location

Melbournium Jobs wasteland

Date and time

July 21, 2014, 1:03PM

The simple fact is, however, you don't have to enter into this leasing arrangement. As the article states, there are plenty of ways around this (using school desktops, for example), it was never a requirement that teachers employed by the department had to acquire a laptop. Sure, teachers 'need a computer' to perform their work, but it doesn't have to be a several thousand dollar MacBook Pro sitting on their desk in class.

By the way to the commenter who says 'tools of the trade' is a 'tradie' thing, incorrect, it's the terminology used in workplace relations; has nothing to do with a 'tradie'.

Commenter

Problem?

Date and time

July 21, 2014, 1:04PM

Well, it would be like you turning up to work and not being allowed to use your own tools and will have to pay to use the ones your employer insists you use. And you will pay them for it. And it is not tax deductible. And you will be severely disadvantaged if you don't agree as your only other option is to use the one shared tool in a fixed room away from your work space which is never available when you need it. Problem?

Commenter

Peter

Date and time

July 21, 2014, 1:35PM

Yeah. But the difference is that you probably get to choose your tools. You get handed a laptop that is low in memory, has a slower and cheaper processor. Then it's loaded up with older software as site licences are expensive and there's no budget. You use this to mark the roll, develop learning resources, communicate via email. You don't get good ICT as most State schools have no cash to employ enough ICT staff. Problems amplify like the bejesus and virus are often rampant, because the network has the kids putting games on that aren't clean. Oh and yeah, you get to pay for it.Come off it, no other profession with a 4 year Uni qualification has to pay to use a frigging laptop.

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